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(영문) 청주지방법원 2016.06.16 2016노85
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized and reflected the instant crime.

The defendant has no criminal record for the same kind of crime and has no record of criminal punishment exceeding a fine.

Circumstances unfavorable to the defendant are as follows:

Defendant assaulted police officers who perform their duties in uniform, thereby damaging the public authority with respect to law enforcement.

The Defendant, together with A and C, exercised a direct tangible force of police officers, and obstructed the arrest of flagrant offenders.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence of the lower court that sentenced a separate punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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